New York University, Stern School of Business
Syllabus1, Course Requirements, and Grading Criteria
Entertainment Law
Summer 2008
Professor Richard Hendler
Course Description:
This is a course about entertainment aspects of the mass media. Major topics include
contracts, torts (defamation and privacy), and intellectual property. This course will also
focus on the relationships between various parties in the entertainment field (the artist,
manager, agent and so on), the protection of intellectual property interests, and various
aspects of the recording industry (e.g. songwriter-publisher contracts and royalties).
At a general level, this course should prepare you to analyze a wide variety of
entertainment law issues. Dealing with more narrow topics, such as constitutional
concerns or union representation, will require additional, specialized study. This class
should also help to further develop your reasoning skills.
Readings and Materials:
There is no required text. All cases, notes and outlines will be distributed, in class or by
email, and you must read them. The cases introduce many of the legal issues affecting the
entertainment industry and business transactions and practice. Since the reading and
assignments can sometimes get buried or blurred, I will make sure to keep you up to date
in class and by email. Make sure that you always check and read the emails.
Class Meetings and Preparation:
You are expected to attend each of our 5 classes, arrive on time, read each week’s
readings carefully, and be prepared to discuss the case readings in detail. Each person
will be expected to be prepared for, and contribute to, the class discussion each and every
session and in class assignments. Students will be called on randomly. Points will be
deducted from your final grade for lack of preparation or absences that are not excused in
advance of class. Any student who will not be prepared or will not be attending class is
expected to notify me by email before 5:00 p.m. on the day before class explaining why.
More than one excused absence will substantially lower your grade.
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This syllabus is a guide, not a contract. It may be revised in the best interests of the
class, and you will be notified promptly of any revisions. Let me know immediately if
you don’t understand what is expected of you or any of the “terms and conditions”
contained in this Syllabus.
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Office Hours/Availability:
I will be available after class and by appointment. In addition, you can reach me at
212.998.0057 (NYU), 516.984.6900 (cell,) or via email at rhendler@stern.nyu.edu. My
office is located at 44 West 4th Street, 10th Floor, Room 10-77 (in the Accounting
Dep’t).
Course Project, Mini Research Paper, and Examination:
Each student will be required to complete and submit two projects and a final
examination.
First project: Locate a deal memo in your field of interest. Review and analyze it. For
example, is it an offer? What provisions trouble you the most? Would you agree to it and
why?
Pick a field of interest (for example, film) and then a sub interest (for example, product
placement in films). After deciding on a topic, prepare a memo/outline involving most
material points and under each point, describe the range of interests of both sides to the
contract (for example, agency compensation from 10-15%).
Due Date: September 4.
Second Project: Research Paper: You must conduct original research about
contemporary issues centered in any area of concern to the entertainment industry.
Obviously, the issues should also interest you. The paper should be approximately 10
pages in length and in a conventional writing format, or if you prefer, in another format
that I approve in advance. Topics must be chosen and cleared by the third week of class.
Papers will be due at the end of the final class period, with copies to each of your
classmates. You may work singly or in collaboration with others on your projects, but in
the latter case the scope, depth or other dimensions of the project must be increased
accordingly.
Due Date: September 18
Examination: One open-book, on-line final examination will be given covering
entertainment law as illuminated by the assigned readings as well as class lectures,
discussions, and assignments, projects, and video exercises. Open-book means only the
materials distributed in connection with this course, your class notes, and any other
materials created substantially on your own (including any outline prepared by a group of
which you were a participating member). The exam will be a combination of short
essays, fill-ins, and/or multiple-choice questions. The exam may be taken individually or
in groups of up to four and will be administered during the week of September 14 to 21.
Again, the exam will be on-line.
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Groups:
You may form groups of at most four students for doing the project, research paper,
examination, and other group work during class.
Grading Criteria and Weighting:
Grading will be based on the following factors: participation and in class assignments
(25%), merit of the projects (40%), and examination (35%). Points will be deducted from
your final grade for absences that are not excused in advance of class.
I grade the exam, projects, and papers "blind." So put only your NYU number, not your
name, on any submission. All submissions must be deposited in the box in front of my
office door. I do not curve grades in this class; the chips fall where they may: in theory
there could be all A's, or none, although reality tends to fall between these extremes.
A substantial part of the examination will be based upon the discussions raised in class
and cases.
Policy on Academic Dishonesty:
Academic dishonesty could consist of copying another’s work and submitting it as one's
own, failing to attribute credit to a reference source, or copying from another during an
exam. Academic dishonesty undermines the school's student code of conduct and is
unfair to other students. Instances of academic dishonesty will be referred to the Stern
School Discipline Committee.
Schedule of Classes, Topics, Assignments, and Projects:
The schedule set forth below is subject to change as the need arises and it probably will
change. All changes will be announced in class or by email. If you miss a lecture, it is
your responsibility to learn of any announced changes and the material from your
classmates. Readings should be completed in advance of the class session for which they
are indicated. I also recommend that you review those readings again after class for
reinforcement.
Class 1:
Overview (getting familiar with one another and some housekeeping). The
Playing Field: The State and Federal Court Systems. Pepsi Assignment.
Class 2:
Contract Law Sources and Principles: Contract = Offer + Acceptance +
Consideration + (no defenses); Breach; Measuring Damages; Specific
Performance; Promissory Estoppel. Project #1 is due.
Class 3:
Intellectual Property principles: Trademarks: Ownership; Infringement;
Parody, and Fair Use. Copyright: Authorship; Copyrightable;
Infringement; Fair and Unfair Use; and Works for Hire. Barbie and Evil
Knieval In Class Assignments.
Class 4:
Contract provisions in Sports, Music & Film. Actual contracts will be
distributed and analyzed.
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Agency Relationship: Formation; Authority; Fiduciary; Liabilities;
Regulation. Entourage In Class Assignment.
Intellectual Property principles: Copyright: Copyrightable; Authorship;
Infringement; Fair and Unfair Use; Works for Hire; and Effects of
Technology. Music Plagiarism In Class Assignment.
Class 5:
Torts & Celebrity Rights: Impersonator and dot.com In Class
Assignments.
Defamation; Infliction of Emotional Distress; Tortious Interference with
Contractual Relations; Privacy; Public Disclosure; False Light; and
Publicity Rights.
Remember to search and find passion in your life!!
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